How Appealing



Wednesday, January 3, 2024

“When It Comes to Donald Trump, The Supreme Court Has One Job; Here are my thoughts — predictive, not normative — on whether SCOTUS will disqualify Trump from future office under the Fourteenth Amendment”: David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 3:45 PM by Howard Bashman



“Israel’s Supreme Court delays activation of law that makes it harder to remove Netanyahu from office”: Tia Goldenberg of The Associated Press has a report that begins, “A law that would make it harder to remove Israeli Prime Minister Benjamin Netanyahu from office must go into effect only after the next parliamentary elections, the country’s Supreme Court ruled Wednesday, saying the legislation was clearly crafted for personal reasons.”

Chen Maanit of Haaretz has a report headlined “Second Blow to Netanyahu’s Judicial Coup: Israel’s Top Court Delays Implementation of Key Law.”

And Alex Winston of The Jerusalem Post reports that “High Court votes to delay implementation of Basic Law amendment; Six out of 11 judges voted to delay the implementation.”

Posted at 2:48 PM by Howard Bashman



“Constitutional Adjudication in Wartime: Israel Supreme Court Edition.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 1:46 PM by Howard Bashman



Tuesday, January 2, 2024

“Biden Administration Asks Supreme Court to Allow Border Patrol to Cut Texas Razor Wire; Legal battle is part of escalating conflict between U.S. and Texas officials over immigration enforcement”: Jess Bravin and Elizabeth Findell of The Wall Street Journal have this report.

John Fritze of USA Today reports that “Biden brawl with Texas over razor wire on the border reaches Supreme Court; The fight over the razor wire along the Rio Grande is the latest to pit Texas against the Biden administration over immigration.”

Stephen Dinan of The Washington Times reports that “DHS asks Supreme Court to approve cutting Texas’ razor wire border fence.”

Lawrence Hurley of NBC News reports that “Biden administration asks Supreme Court to allow Border Patrol to cut or move razor wire at Texas border; The federal government is locked in a dispute with Republican Gov. Greg Abbott, who installed the wire in an effort to prevent illegal border crossings.”

And Kelsey Reichmann of Courthouse News Service reports that “Biden administration brings razor wire border barrier fight to Supreme Court; Texas has spent billions to ramp up security along its border. The White House claims its efforts are unconstitutional.”

You can access the federal government’s U.S. Supreme Court filing at this link.

Posted at 9:42 PM by Howard Bashman



“Appeals court rules Texas can ban emergency abortions in spite of federal guidance; The Biden administration had appealed a district judge’s ruling that sided with Texas Attorney General Ken Paxton”: Zoë Richards of NBC News has this report.

Brendan Pierson of Reuters reports that “Texas can ban emergency abortions despite federal guidance, court rules.”

Mary Anne Pazanowski and Ian Lopez of Bloomberg Law report that “US Enforcement of Emergency Abortion Rule Halted in Texas; HHS added to providers’ emergency law obligations, court says; Should have submitted guidance to federal rulemaking procedure.”

And Eleanor Klibanoff of The Texas Tribune reports that “Emergency rooms not required to perform life-saving abortions, federal appeals court rules; The Biden administration reminded hospitals of their obligation to perform life-saving abortions under the Emergency Medical Treatment and Labor Act after the overturn of Roe v. Wade; Texas sued, arguing it was an overstep that mandated abortions.”

You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:32 PM by Howard Bashman



“Tom Girardi declared competent to stand trial”: Matt Hamilton and Harriet Ryan of The Los Angeles Times have a report that begins, “A federal judge in Los Angeles has found Tom Girardi competent to stand trial, paving the way for the disgraced former lawyer to go before a jury this year and answer charges that he stole more than $15 million from his clients as part of a long-running fraud scheme at his law firm.”

The article notes that the decision remains under seal for now.

Posted at 3:57 PM by Howard Bashman



“The Twin Fronts in the Battle Over Israel’s Identity; Monday’s court ruling joined the war in Gaza in a widening crisis over what kind of state Israel will be”: Steven Erlanger of The New York Times has this news analysis.

Posted at 1:36 PM by Howard Bashman



“Armed man breaks into Colorado Supreme Court building, causes ‘significant and extensive’ damage; Suspect is in custody and nobody was injured in early morning incident, Colorado State Patrol says”: Jacob Factor and Shelly Bradbury of The Denver Post have this report.

Posted at 1:27 PM by Howard Bashman



“Abortion, Guns, Jan. 6 Highlight Top Supreme Court Cases in 2024”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:24 PM by Howard Bashman



“Is Abortion ‘Freedom’ a More Powerful Slogan than ‘Choice’?” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 1:23 PM by Howard Bashman



Monday, January 1, 2024

“Trump’s Most Ambitious Argument in His Bid for ‘Absolute Immunity’; The former president says his acquittal by the Senate in his second impeachment trial, for inciting insurrection, bars any prosecution on similar grounds”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 9:30 PM by Howard Bashman



“Pregnancy Resource Centers Spark Funding Row Between Biden Administration, Antiabortion Groups; Conservatives push back on proposal to limit federal money for facilities that discourage women from abortions”: Stephanie Armour of The Wall Street Journal has this report.

Posted at 4:48 PM by Howard Bashman



“High Court invalidates law for repealing the Reasonableness Clause; The High Court judges ruled in an 8-7 vote”: Bini Aschkenasy has this report online at The Jerusalem Post.

Yonah Jeremy Bob of The Jerusalem Post has a news analysis headlined “Why is the court striking down the reasonableness law now? The High Court struck down a basic law for the first time, essentially killing the main achievement of Prime Minister Benjamin Netanyahu’s proposed 2023 judicial overhaul.”

Chen Maanit of Haaretz reports that “Israel’s High Court Strikes Down Netanyahu Gov’t Judicial Coup Law Limiting Its Power; In a decision by 8 out of 15 justices, the amendment passed by the Israeli Knesset in July, aiming to remove the court’s authority to overturn government decisions deemed unreasonable, is invalid; 12 of the 15 ruled that the Supreme Court has the authority to exercise judicial review of basic laws.”

Isabel Kershner, Aaron Boxerman, and Thomas Fuller of The New York Times report that “Israel’s Top Court Strikes Down Move to Curb Its Powers; The Supreme Court, by the narrowest of margins, rejected a law pushed by Netanyahu allies that limited its authority to review government decisions.”

Miriam Berger and Ruby Mellen of The Washington Post report that “Israel’s high court strikes down Netanyahu’s judicial overhaul law.”

And Carrie Keller-Lynn and Anat Peled of The Wall Street Journal report that “Israel’s Highest Court Strikes Down Controversial Law to Curb Its Power; The law was a centerpiece of the judicial overhaul pursued by the Netanyahu government before the Gaza war erupted.”

You can access the complete ruling of the Supreme Court of Israel, in Hebrew and over 700 pages long, at this link.

Posted at 4:42 PM by Howard Bashman